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What makes a successful lawyer? What are the qualities of a good lawyer in a negotiation situation? Following on from our other articles, Junior lawyer’s skillset: Effective communication, and Junior lawyer’s skillset: 5 tips for presenting with style, next in our junior in-house lawyer series is an insight into the dynamics of good negotiation.
Negotiation is probably one of the more advanced skills we have discussed in this series. The outcome and success of a deal or contract is also highly variable and difficult to predict, which can make preparing for meetings more challenging.
Skilled negotiators don’t always know the outcome of the meeting when they enter it. However, it is their responsiveness to the arguments of other side, their assertiveness and their sensitivity to human behaviour that will ultimately dictate the success of their position.
In our LexisPSL series, on Junior Lawyer Development, we outline the following key characteristics of a successful lawyer and negotiator.
The good news is that as a trained lawyer you will probably have most of these under your belt in some way:
Patient - They recognise they may not get everything all in one sitting
Creative - Always looking for different ways to satisfy the requirements of everyone
Flexible - Able to changing conditions in the market and around the negotiating table
Ask lots of questions - Knowledge is power and asking questions can give knowledge
Don’t annoy the other side - They recognise the importance of the long term relationship
Control emotions - Not giving in to shouting and tantrums to get their way
Confident - Portraying a confident manner, even if they may not always feel it
Well prepared - Have done their research and understand what’s on the table
Play to their strengths - Understand their own style and how to use it to maximum effect
Adaptable - Able to adapt their personal style to influence others
However, how do you know how to respond to the changing needs of the other side? Can you handle different personalities, and how they might impact your skills management as listed above? And do you know how to alter your position in terms of the type of person you are speaking to?
The concept of mirroring the person you are speaking to is used across industries: in dance, in psychology and in business selling. You might have noticed that you mirror someone’s hand gestures or physical stance without noticing—it is a subconscious, but natural, human behaviour which aids our ability to connect with people.
Sometimes, it is used in business discussions to purposively create influence. A common example is to create influence during sales negotiations.
Salespeople are trained to replicate their client’s speech volume and pace, turn their body directly towards the person to give them confidence and your full attention.
Research has shown that nodding three times in a row when listening to a client speak can help build rapport, and make the person feel more important. Therefore, in sales, the client will be inclined to speak for much longer and give the salesperson a chance to glean valuable information for closing the deal.
The same concept could be applied to legal negotiations.
In our practice note, The human side of negotiation, we also discuss personality types and how to gauge your negotiation style based on predicting the needs of others. For example:
Using these skills will help you control the outcome of what you are requesting from the individual.
Mirroring is also a very effective tool to use internally in your business, when looking to influence senior stakeholders and get decision-makers on your side.
Although taking the high road is generally the best option, you don’t always have to be friendly and roll over to have your tummy tickled.
Recent research by the Harvard Business Review suggests that being too nice in a negotiation can backfire on you. The experiment conducted with more than 1,500 participants found that those who were warm and friendly in a negotiation ended up paying 15% more for the same item compared with tougher negotiators.
Sometimes people don’t play kind or fair—this is a fact of life that is unfortunately here to stay. However, learning how to handle both difficult people and behaviour will stand you in good stead for both legal negotiations and discussions with the business.
If someone fobs you off, for example, listen to their argument and find the gaps and what they are saying. What are they not saying? If someone discredits you or your firm - which is equally a negotiation tactic - call their bluff. Ask them specific questions to clarify their complaints or ask them what they would like to see instead. It is very easy to point out the negative, however, much more difficult to provide the solutions.
There is always a solution, and always a positive in every situation. The ability to find it is what separates the successful lawyers from the rest of the pack!
Further reading:
How to Deflect Difficult Questions in an Interview or Negotiation, Harvard Business Review, November 2019
The structure of a negotiation, LexisNexis, Junior Lawyer Development Toolkit
Negotiation tactics cheatsheet, LexisNexis, Junior Lawyer Development Toolkit
Negotiation preparation tool, LexisNexis, Junior Lawyer Development Toolkit
As part of the LexisNexis In-house Advisor module on LexisPSL, we have created a Junior Lawyer Development section, which is focussed entirely on training junior in-house lawyers to be successful and confident business people.
Written with extensive insight taken from our own in-house lawyers, you will find a selection of practice notes, precedents and checklists designed to help upskill the in-house team, covering subjects such as: effective communication, influencing skills and global collaboration.
The module also included presentations we have put together as a practical training aids for new hires. Click to request a demo: Junior lawyer development toolkit.
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